Mumbai POCSO Court Acquits Four Men in 2014 Gangrape Case Citing Insufficient Evidence
In a significant verdict, a special POCSO court in Mumbai on Tuesday acquitted four men charged with the gangrape of a 16-year-old girl in 2014, highlighting critical flaws in the prosecution's case. The court ruled that the evidence presented by the victim and her mother was not cogent, trustworthy, or reliable, leading to the acquittal after a trial spanning over a decade.
Key Grounds for Acquittal: Age Discrepancies and Unreliable Testimony
Special Judge Mahesh K Jadhav observed that the prosecution failed to conclusively prove the girl was a minor at the time of the incident. While she claimed a birth date in 1997, no birth certificate was produced in court. Medical testimony suggested her age could have been 18, and the investigating officer did not collect documentary evidence or record statements from school authorities to verify her age. The judgment explicitly noted, "prosecution has failed to prove that on the date of incident, the victim was minor."
Inconsistencies in Conduct and Timeline
The prosecution alleged that the four men sexually assaulted the girl on two consecutive nights in March 2014 in the Aarey Colony forest after she was forced to consume alcohol by friends. However, the court found the girl's conduct and timeline inconsistent. Despite claiming to be in pain, she did not inform her parents or seek medical help for several days. Regarding the first night, the judge stated, "This conduct of the victim itself shows and proves that nothing had happened during the night."
Lack of Forensic and Technical Evidence
The judge highlighted severe failures in evidence collection. Although mobile phones were seized, investigators did not collect Call Data Records (CDR) to verify communication between the accused and the girl. No CCTV footage was recovered from areas near the Sher-E-Punjab ground or the route to the forest. The judge emphasized, "In absence of these above-mentioned proofs, prosecution has failed to connect accused with crime."
Medical Evidence Falls Short
Medical evidence also failed to support the prosecution's claims. Doctors testified that there were no external injuries on the girl's body, which the judge found unlikely if the assault occurred in a forested area under babul trees. Chemical analysis reports of seized clothing and swabs were inconclusive, showing no traces of semen. The judge noted that "medical evidence is not corroborating the version of victim" and that crucial forensic data was absent.
Additional Case Details and Outcome
The prosecution's case detailed that the girl, residing at a shelter and working as a domestic help, visited her mother's house in March 2014. She contacted a friend, one of the accused, on March 15, 2014, meeting the group at Sher-E-Punjab ground where they consumed beer. After feeling giddy and losing consciousness, she was dropped back and returned home. The next day, she contacted the same accused again, met the group, consumed beer under pressure, and alleged being forced to a location where she was sexually assaulted. She reported the incident on March 20, 2014, after confiding in a mentor.
The judge also noted that the name of the fourth accused was added months after the initial complaint, and the girl failed to identify him in a test identification parade, with no explanation provided for the delay. A fifth accused was discharged earlier, and a sixth, a minor, is being tried separately. The accused, represented by advocates Amrish Salunke and Durgesh Pandey, denied the allegations and were out on bail during the trial.
